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guns

Maryland roundup

by Walter Olson on March 22, 2014

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Decent articles on Stand Your Ground in the general press are relatively few, being far outnumbered by those that are sensationalist, axe-grinding or simply uninformed. So it’s nice to be able to recommend this one by Peter Jamison in the Tampa Bay Times [via Jacob Sullum].

In other news, a United Nations panel in Geneva monitoring compliance with international human rights law has questioned a wide range of United States domestic policies, including some states’ adoption of Stand Your Ground as well as lack of gun control and other offenses. “The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992.” Another reminder that treaties have consequences, and that ratification of other purported human rights treaties, such as the Convention on the Rights of Persons With Disabilities (CRPD), would not be without public consequences relating to many domestic policies. [Guardian]

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March 5 roundup

by Walter Olson on March 5, 2014

  • U.S. Commission on Civil Rights commissioners Gail Heriot, Peter Kirsanow: Administration’s new policy on race and school discipline likely to make schools more chaotic [Robby Soave, Daily Caller, 2011 related, earlier here, etc.]
  • French court: fan club members suffered legally cognizable emotional damage from Michael Jackson’s death [Lowering the Bar, earlier]
  • “The Newkirk incident demonstrates why cameras in the courtroom are a bad idea” [James Taranto, includes bonus New York Times disgrace]
  • Claim: advocates stymied firearms research over most of past two decades. Accurate? [Fox News]
  • Another look at the CPSC’s war on former Buckyballs CEO Craig Zucker [Jim Epstein, Reason, earlier]
  • Chris Christie use of monitorships in white-collar prosecutions draws renewed scrutiny [New Republic, earlier]
  • In which I am included in a list with George Will and Heather Mac Donald, all very flattering etc. etc. [Charles C. W. Cooke, NRO]
  • D.C.: disbarred lawyer sat for years as workers comp judge [Washington City Paper]
  • “German home-school family won’t be deported” although Supreme Court declines to hear asylum appeal [AP; discussion in comments earlier]

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Maryland roundup

by Walter Olson on February 22, 2014

  • Reminder: SB 353, which would ban bringing of knives and other weapons onto private school property whatever the school’s wishes, up for hearing at 1 p.m. Wed. Feb. 26 [text, Senate, related Virginia] With Ninth Circuit’s Peruta decision, Maryland now one of only six holdout states to resist any recognition of gun carry rights [David Kopel]
  • Slew of labor proposals moving through Annapolis would require employers to offer paid sick leave, push unionization on community college employees, and require employers to pay interns’ transportation costs. Study finds boosting state’s minimum wage would cost jobs [WaPo]
  • Supremely irresponsible: state already hobbled by nation’s slowest foreclosure process, but NAACP, Casa de Maryland and Legislative Black Caucus demand six-month foreclosure moratorium on top of that [Washington Post; earlier on Maryland foreclosure law here, here (couple spends five years in million-dollar home without making mortgage payment), here, etc.]
  • Review of recent developments in asbestos litigation in the state [Lisa Rickard, Chamber Institute for Legal Reform]
  • Goodbye to another Free State tradition? Senate votes ban on sale of grain alcohol, with urging from Johns Hopkins Bloomberg nanny crew [Washington Post]
  • Just say no to the Maryland Small Business Development Financing Authority [Mark Newgent, Baltimore Sun]
  • Sen. Zirkin “litigates dog-bite cases on behalf of plaintiffs” and is player on dog bite bill [Insurance Journal]

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  • After criticism of heavy-handed Ankeny, Iowa police raid on persons suspected of credit card fraud, not actually reassuring to be told militarized methods needed because one house occupant had firearms carry permit [Radley Balko, more, more]
  • Advocates strain mightily to fit unpopular Dunn verdict into Stand Your Ground theme [David Kopel, Jacob Sullum] More: sorry, pundits, but Rasmussen poll shows public’s plurality SYG support unshaken [Althouse]
  • “‘Drop the Cabbage, Bullwinkle!’: Alaskan Man Faces Prison for the Crime of Moose-Feeding” [Evan Bernick, Heritage] “Criminalizing America: How Big Government Makes A Criminal of Every American” [ALEC "State Factor"]
  • “We’ve also bred into dogs … an eagerness to please us.” Bad news for K-9 forensics [Balko]
  • “Has overcharging killed the criminal trial?” [Legal Ethics Forum] Is the “trial penalty” a myth? [David Abrams via Dan Markel, Scott Greenfield]
  • What if cops, as opposed to, say, gun owners, were obliged by law to purchase liability insurance? [Popehat]
  • That’s productivity: North Carolina grand jury managed to crank out roughly one indictment every 52 seconds [Tim Cushing, TechDirt]

I’ve got a post at Cato at Liberty on today’s big decision in Peruta v. County of San Diego, in which a Ninth Circuit panel struck down a licensing scheme under California law in which even persons with legitimate self-defense concerns were unable to get permission to carry handguns outside the home.

More from David Kopel and Eugene Volokh on how “today’s decision creates a split of the Seventh and Ninth Circuits vs. the Second, Third, and Fourth Circuits,” on the court’s reasoning on open vs. concealed carry (an individual right to bear implies that at least one of the two must be allowed), and on how the substantial majority of states already have laws according respect to the freedoms at issue here (& welcome Jim Geraghty/NRO readers; I was also a guest on the Michael Graham Show Friday afternoon to discuss the ruling).

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Maryland roundup

by Walter Olson on February 8, 2014

  • Hearing set for February 26 on bill to ban knives and other weapons from private school parking lots and other property [Maryland Legislative Watch]
  • Bill would join Ohio in banning hidden compartments in cars, but one legislative sponsor withdraws it following public outcry [MLW]
  • Minimum wage a poor way to support working families [Todd Eberly]
  • Italian-based gunmaker Beretta: “Maryland disrespects us and gun owners, so we expand in Tennessee” [Ugo Gussalli Beretta, Washington Times]
  • Would a per-bird environmental tax, as proposed by two Montgomery County lawmakers, drive chicken farming out of the state? [DelmarvaNow, followup (governor pledges veto)]
  • “The Parallel Failures of the Oregon and Maryland Health Exchanges” [Peter Suderman, Reason]
  • State has resisted general tide toward dramshop (alcohol server) liability for misdeeds of drunken patrons; bill in Annapolis would change that [MLW, earlier]

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Bullet overflight

by Walter Olson on February 7, 2014

Does it violate your rights when someone’s flying bullet enters your property? Should the law attempt to prohibit that? Or does it depend on the setting and customary land uses in the community? [Insurance Journal on Fla. law]

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  • “Live or travel within 100 miles of a US Border? America’s Internal Checkpoints” [Wes Kimbell, Reason]
  • EFF, ACLU sue Los Angeles seeking disclosure of how automatic license plate readers [ALPRs] are used to track motorists [The Newspaper]
  • Would cops run unauthorized background checks on someone appointed to a police oversight board? [Ed Krayewski/Reason, St. Louis County, Mo.]
  • “How the NSA bulk data seizure program is like gun registration” [Randy Barnett]
  • Text sent to Kiev protesters points up downside of cellphone location signaling: “Dear subscriber, you are registered as a participant in a mass disturbance.” [NY Times]
  • As New York AG Schneiderman pursues AirBnB, privacy is collateral damage [Ilya Shapiro and Gabriel Latner, Daily Caller]
  • Oops! California Obamacare exchange passed along visitors’ personal info to insurance agents without permission [L.A. Times]

“It’s too early, but I’m sure there will be something,” he said. “We call it ‘Sixty Minutes’ legislation – something happens and legislation is introduced.” — Maryland Del. Joseph Vallario, Jr., chair of the House Judiciary Committee in the state legislature, on prospects for the introduction of new legislation following the murder of two skateboard store employees at the Mall in Columbia. [Washington Post] As of Sunday police had not assigned a motive to the slayer, who killed himself at the scene.

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Politics roundup

by Walter Olson on January 24, 2014

  • John Lott Jr. argues in new book that judicial-nominations system is broken; responses from Michael Teter, Clint Bolick, John McGinnis [Cato Unbound]
  • “Weaponized IRS” meets Administration’s political needs at cost of future public trust [Glenn Reynolds, USA Today]
  • “For some time, however, cause lawyers have moved in and out of government, thus complicating the traditional picture of lawyer-state opposition.” [Douglas Nejaime, "Cause Lawyers Inside the State," SSRN via Legal Ethics Forum]
  • Gun rights: public opinion has changed over the decades in a big way [Bryan Caplan, Steven Greenhut]
  • “Mostyn Law Firm donates $1 million to help Wendy Davis in Texas governor’s race” [Washington Examiner, New Republic] Plaintiff’s bar supporting GOP primary challenges to Texas Supreme Court incumbents Phil Johnson, Jeff Brown, and Chief Justice Nathan Hecht [TLR] More: Legal NewsLine (Mark Lanier Law Firm largely funding challengers)
  • Nassau’s Kathleen Rice: “Anti-Corruption Panel Co-Chair Receives Big Donations From Sheldon Silver’s Law Firm” [Ken Lovett, NYDN]
  • Rule of thumb: a political party leans libertarian in proportion to the number of years since it last held the White House [Orin Kerr]
  • Dept. of Justice indicts a prominent Obama critic on campaign finance charge [Ira Stoll; more above]

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Product liability roundup

by Walter Olson on January 21, 2014

  • “Furniture company founder files federal chair-collapse suit against rival manufacturer” [ABA Journal]
  • Wrangling over Pennsylvania tobacco settlement aftermath “a never-ending buffet for attorneys” [Allentown Morning Call] Florida $27 million smoking award upheld [Daily Business Review]
  • Autonomous cars and tort liability [Kyle Colonna, Case Western RJLTI/SSRN]
  • Asbestos: Death of single fiber theory [Sean Wajert, Pa.] Radiologist Herron says he did nothing wrong [W.V. Record]
    Peculiar tale of Russian asbestos-mining town [Foreign Policy] More: Lester Brickman on smokers’ asbestos cases [Chamber-backed LNL]
  • From the defense side, Beck chooses favorite and least-favorite drug and medical-device decisions of 2013;
  • One can always hope: Will 3-D printing end product liability litigation as we know it? [Nora Freeman Engstrom, SSRN] “Philadelphia Becomes First City To Ban 3D-Printed Gun Manufacturing” [Zenon Evans] Once again on the vacuous but oft-repeated “NRA is a front for gunmakers” line [Tuccille]

The capabilities of onboard GPS systems keep getting more impressive. And the product liability implications might nudge Detroit into using the information in ways unwelcome to customers, for fear of being blamed otherwise for crashes they might have prevented. [Volokh]

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Maryland roundup

by Walter Olson on January 18, 2014

Legislature’s back in session and no citizen’s liberties are safe:

  • SB 65 (Benson) would require gas station dealers to maintain operational video cameras and retain footage for 45 days [Maryland Legislative Watch]
  • HB 20 (GOP Del. Cluster) would require all public schools to hire cops [Gazette, MLW]
  • SB 28 (Frosh) would lower burden of proof for final domestic protective orders from “clear and convincing” to “preponderance of the evidence” [MLW, ABA] One problem with that is that orders already tag family members as presumed abusers in the absence of real evidence, are routinely used as a “tactical leverage device” in divorces, and trip up unwary targets with serious criminal penalties for trying to do things like see their kids;
  • Driving while suspected of gun ownership: what unarmed Florida motorist went through at hands of Maryland law enforcement [Tampa Bay Online] 2014 session in Annapolis can hardly be worse for gun rights than 2013, so it stands to reason it’ll be better [Hendershot's]
  • State begins very aggressive experiment in hospital cost controls: “I am glad there is an experiment, but I’m also glad I live in Virginia.” [Tyler Cowen]
  • Scenes from inside the failed Maryland Obamacare exchange [Baltimore Sun] Lt. Gov.: now’s not the time to audit or investigate the failed launch because that’d just distract us from it [WBAL]
  • Corridors run pink as Montgomery County school cafeterias battle scourge of strawberry milk [Brian Griffiths, Baltimore Sun]
  • Plus: A left-right alliance on surveillance and privacy in the legislature [my new Cato at Liberty post]
  • How did Maryland same-sex marriage advocates win last year against seemingly long odds? [Stephen Richer, Purple Elephant Republicans citing Carrie Evans, Cardozo JLG; thanks to @ToddEberly as well as Carrie and Stephen for kind words]

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After the massacre at Sandy Hook Elementary a year ago, “the president appeared comparatively restrained next to the National Rifle Association’s Wayne LaPierre, who breathlessly demanded ‘an active national database of the mentally ill’ and federally funded ‘armed police officers in every school’ or Sen. Barbara Boxer, D-Calif., who proposed legislation encouraging governors to call out the National Guard for school shootings.” Fortunately cooler heads have prevailed [Gene Healy, Washington Examiner]

  • Under new Illinois law, third offense of tossing cigarette to ground will be a felony [Andrew Stuttaford]
  • “The New York Times calls for prosecutors to establish an ‘open file’ policy to combat prosecutorial misconduct.” [Nicole Hyland, LEF; New York Times; Radley Balko, whose column at the Washington Post has now launched]
  • “Three Arrests Illustrate the Impact of New York’s Silly Seven-Round Ammunition Limit” [Jacob Sullum]
  • Forfeiture reform on the agenda in Michigan? [John Ross/Reason, Institute for Justice, earlier]
  • Speaking of law enforcement for profit, more on the proliferation of fees and third-party collectors that can land minor miscreants in “debtors’ prison” [Fox News; related, Balko]
  • “Want to stop repeats of Columbine and Newtown? Deprive mass killers of the spotlight. Can the media do that?” [Ari Schulman, WSJ via @garyrosenwsj]
  • “She’s regretted the lie that sent him to prison ever since.” [NY Mag]

They appear to be going nowhere in state legislatures:

A mandate for gun buyers could be more challenging than for drivers, given insurers’ aversion to the risk from assaults. That compares with U.S. auto insurance, where companies spend more than $5 billion a year to win customers in a $178 billion market.

“That’s why things like mandatory auto insurance kind of work, because you’ve already got a highly functional market and it’s a matter of herding the last stragglers into it,” Walter Olson, a senior fellow at the Cato Institute, a think tank dedicated to limited government, said in an interview. “But when there is no functional insurance market at all for some kind of risk, it’s a different question.”

It doesn’t help that the ObamaCare episode has raised public resistance to the idea of mandatory insurance. Related: even two authors somewhat favorably disposed toward the idea, and who believe it might be enacted in some forms without overstepping the Constitution, predict its effect in reducing injury by deterring negligent gun handling would “probably not be very great.” [Stephen Gilles and Nelson Lund, Regulation magazine (Cato, PDF)]

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Genealogy note

by Walter Olson on October 31, 2013

On Hallowe’en I often recall my ancestor Lydia Gilbert of Windsor, Ct., convicted of witchcraft in 1654 and probably executed (accounts here, here). Three years earlier Henry Stiles had been killed by an apparently accidental discharge of the firearm of neighbor Thomas Allyn, and three years later Lydia was charged with being the true cause of this misadventure. In modern American law we might call that third-party liability. And from a few years ago, a durable favorite post: “Toronto schools: Halloween insensitive to witches.”